Department believes objections of Red Cross may be removed by having the conference consider whole matter mentioned in Department's 1800 as well as relations of Red Cross to prisoner work with view to reaching agreement thereon.1

Ask Herter 2 to inform Department whether its 1800, April 24, was not prepared with knowledge and assent of Red Cross here. Department has no record of correspondence but understands matter was discussed orally with officers of Red Cross before Department's 1800 was sent.

LANSING

DISPOSITION MADE OF PRISONERS CAPTURED BY AMERICAN FORCES

File No. 763.72114/3221

The Secretary of the Navy (Daniels) to the Secretary of State

WASHINGTON, January 22, 1918.

SIR: In reply to your letter of December 29, 1917, in which you inquire whether it is the intention of the Navy Department to send to the United States for internment all prisoners captured by United States naval forces, I have the honor to inform you that the Navy Department can only affirm what it believes the Government's policy should be. It will be guided in its method of procedure with regard to prisoners of war by the rules which are finally established by our Government.

The Navy Department believes, however, that our Government should reserve the right to send to the United States for internment all prisoners captured by United States naval forces if it is believed to be a proper policy to do so, or, if adequate arrangements can be made with other cobelligerents, that our prisoners might remain in their territory. But it distinctly believes that we should not sacrifice our rights in the matter for the sake of whatever reprisals we might fear. It may be a military necessity, in case the number of prisoners taken were large, that the prisoners be not allowed to remain on the Continent as it makes so many more useless mouths to feed, and the services of our transports could be requisitioned to bring these prisoners to the United States on their return voyages.

While, in the interests of humanity, reprisal is an act which the Navy Department would only advocate as a last resort, yet it must be borne in mind that this Government has at its disposal a weapon

'For final arrangement regarding sanitary personnel see agreement of Nov. 11, 1918, post, p. 103.

2

Christian A. Herter, Special Assistant to the American Minister in Switzer

land.

'Not printed.

which is quite as efficacious as any which Germany may be able to bring to bear upon any of our prisoners, and although military expediency may cause Germany to undertake acts of reprisal against our forces taken prisoners by them in the hope possibly of increasing the logistic burden forced upon our shoulders by the necessity of feeding all forces at the front, yet it is believed that if we take a firm stand in the matter, the balance of power lies in our hand and that this fact will have its weight with Germany.

Sincerely yours,

JOSEPHUS DANIELS

File No. 763.72114/3322

The Secretary of War (Baker) to the Secretary of State

WASHINGTON, February 21, 1918.

SIR: With reference to previous correspondence on the subject of the disposal of prisoners of war, I have the honor to advise you as follows:

On January 4, 1918, the following cablegram was sent to General Pershing:

The Secretary of State has asked whether it is the intention of the War Department to send to the United States for internment all prisoners captured by the United States military forces rather than to surrender jurisdiction over such prisoners to another belligerent or to a neutral. Extreme caution in this matter will be necessary lest the German Government make reprisals. It is understood that Germans captured by the British forces have been loaned to the French Army for railway work behind the lines and the German Government has threatened to retaliate by sending an equal number of British prisoners to Bulgaria or Turkey. The Secretary of War desires you to study this matter with great care and cable your recommendations. If our prisoners could be held under our own military jurisdiction it might be more desirable to retain them in France. If this number is small we can probably bring them to the United States without much difficulty. If the number should be large it would presuppose very active military operations which would probably tax to the utmost the capacity of the railroads bringing your ammunition, food and other supplies and it might be impossible to count on sending them in large num bers to the seacoast. Report your views as promptly as possible.

A reply to this cablegram has been received from General Pershing, reading as follows:

With reference to your cablegram 592, questions at issue relative treatment prisoners of war present many phases which can only be settled by diplomatic negotiations through State Department. Such as, for example, pay due enemy officers and soldiers, privileges, gen

'Not printed.

eral treatment, mail and package facilities, repatriation those disabled under certain medical classifications as to officers and noncommissioned officers and soldiers. Internment in neutral countries same categories, same reasons. Application Geneva convention as to payment and repatriation captured sanitary personnel. In this latter connection understood that in this war, on account physical difficulties, belligerents have never returned captured sanitary equipment. What constitute sanitary personnel, is question arisen here and will arise in our country connection with band personnel used in evacuation wounded, et cetera. Questions apt to arise as to status our sanitary corps whether combatant personnel or not, et cetera.

Prisoners of war should be utilized here as laborers under our own jurisdiction, although shipping some prisoners of war to United States might be advantageous later in prevention of U-boat attacks provided we can accomplish same without reprisals. Complete records all altercations between English, French and belligerents known to be on record in our State Department. Recommend these be carefully studied by representative Judge Advocate General's Department and that negotiations be entered into through neutral representatives with belligerents, so that altercation all points may be made and understood before any great number prisoners of war

taken.

After consideration of the subject the War Department is of the opinion that prisoners of war should be kept behind our own lines, and that they should be guarded by our troops, unless their number should become so great that this disposition would prove to be impracticable. In this connection information is requested as to whether any agreement has been made with the German Government regarding rules governing the disposal by one belligerent of the prisoners taken from the other belligerent. If no such agreement has been made, information is requested as to whether any such agreement is necessary.

Information is also requested as to whether any further action by the War Department, in regard to the disposal of prisoners of war, is necessary.

Yours very truly,

NEWTON D. BAKER

File No. 763.72114/3355

The Secretary of the Navy (Daniels) to the Secretary of State

WASHINGTON, March 4, 1918.

SIR: There is forwarded herewith a paraphrase of a cablegram dated March 1, 1918, from Vice Admiral Sims, U. S. Navy, giving the substance of a letter received by him from the British Admiralty in regard to the disposition of prisoners of war captured by United States naval forces in European waters.

I have the honor to request the opinion of the Department of State on the subject matter, in order that early action may be taken by the Navy and War Departments.

Sincerely yours,

JOSEPHUS DANIELS

[Enclosure-Telegram-Paraphrase]

Vice Admiral Sims, Commanding Naval Operations in European Waters, to Admiral Benson, Chief of Naval Operations

No. 4549 re my No. 4048. The following is the substance of letter received from the Admiralty:

In regard to this matter, after consulting with the Army Council their lordships have come to the conclusion that the most satisfactory course will be to regard such prisoners of war as entrusted to British custody temporarily, in order that it may be possible at any time to transfer them to the United States if such a course is considered advisable. If this arrangement be adopted, any prisoner who may be handed over to the British authorities by the United States naval forces will receive the same treatment and privileges as other prisoners of war in British hands, but will not be entitled to arrangements by any agreements concluded by His Majesty's Government and enemy governments for the repatriation, exchange or internment in a neutral country of prisoners of war. Further, as such prisoners will be accounted as captures made by the United States naval forces by whom they are entrusted for the time being to the British authorities, it would appear necessary that notification of their capture to the enemy, prescribed by article 14 of the fourth Hague convention, should be made by the original captor and not by His Majesty's Government. At any time subsequent, arrangements could then be made to transfer such prisoners to the United States, should a request to that effect be received. As it appears to their lordships to be of importance to obtain the concurrence of the United States Government in any arrangement respecting the custody and disposal of prisoners of war captured by the United States naval forces, they are causing a copy of the correspondence in regard to this matter to be communicated to the "Prisoners of War Department" with the request that steps may be taken to ascertain through the diplomatic channels whether the United States Government are in agreement with the procedure which it is proposed to adopt.

Am orally informed by the Admiralty, with respect to notification, that the German Government was furnished with a list of names of these prisoners by the British authorities shortly after capture. No mention was made as to the nationality of forces making capture, in transmitting the list, nor details thereof. Omission of such mention is in accordance with general practice. 06101.

SIMS

File No. 763.72114/3322

The Secretary of State to the Secretary of War (Baker)

WASHINGTON, April 17, 1918.

SIR: I have the honor to acknowledge the receipt of your letter of February 21, 1918, in which you quoted certain telegraphic correspondence with General Pershing on the subject of the disposal of prisoners of war and you request information as to whether any agreement has been made with the German Government regarding rules governing the disposal by one belligerent of the prisoners taken from the other belligerent. You also inquire whether any further action by the War Department in regard to the disposal of prisoners of war is necessary.

In reply I beg to call your attention to article 24 of the treaty of 1799 with Prussia, revived by the treaty of 1828, which is now regarded as in force. This article is as follows:

And to prevent the destruction of prisoners of war, by sending them into distant and inclement countries, or by crowding them into close and noxious places, the two Contracting Parties solemnly pledge themselves to the world and to each other, that they will not adopt, any such practice; that neither will send the prisoners whom they may take from the other into the East-Indies, or any other parts of Asia or Africa, but that they shall be placed in some parts of their dominions in Europe or America, in wholesome situations; that they shall not be confined in dungeons, prison-ships, nor prisons, nor be put into irons nor bound, nor otherwise restrained in the use of their limbs; that the officers shall be enlarged on their paroles within convenient districts and have comfortable quarters, and the common men be disposed in cantonments open and extensive enough for air and exercise, and lodged in barracks as roomly and good as are provided by the party in whose power they are, for their own troops; that the officers shall also be daily furnished by the party in whose power they are, with as many rations, and of the same articles and quality, as are allowed by them either in kind, or by commutation to officers of equal rank in their own army; and all others shall be daily furnished by them with such ration as they shall allow to a common soldier in their own service; the value whereof shall be paid by the other party on a mutual adjustment of accounts for the subsistence of prisoners at the close of the war; and the said accounts shall not be mingled with, or set off against any others, nor the balances due on them, be withheld as a satisfaction or reprizal for any other article, or for any other cause real or pretended, whatever. That each Party shall be allowed to keep a Commissary of prisoners of their own appointment, with every separate cantonment of prisoners in possession of the other, which commissary shall see the prisoners as often as he pleases; shall be allowed to receive and distribute whatever comforts may be sent to them by their friends, and shall be free to make his reports in open letters to those who employ him: but if any officer shall break his parole, or any other prisoner shall escape from the limits of his cantonment after they